"In her order Thursday, Justice Margot Botsford rejected the
commonwealth's theory that sending a hoax email might be unlawful
under a Massachusetts computer crime statute barring the
"unauthorized access" to a computer, concluding that there could be
no violation of what was only a "hypothetical internet use policy."
Thursday's decision now stands as the highest state court opinion
to reject the dangerous theory that terms of service violations
constitute computer "hacking" crimes. Justice Botsford further
found that details offered by police as corroboration of other
alleged offenses were insufficient and did not establish probable
cause for the search."